chief officer’s scheme - tasmania fire service officers scheme for... · in october 2012, the...

Chief Officer’s Scheme for the

Accreditation of Bushfire

Hazard Practitioners

10 August 2017

Version 1.1

Scheme for the Accreditation of Bushfire Hazard Practitioners

The devastation caused by recent bushfires in Tasmania, Victoria and NSW reminds us

that we live in one of the most bushfire prone regions in the world and that we must

understand our risk and plan for bushfire. In October 2012, the Tasmanian Government

introduced significant reforms for planning and building in bushfire prone areas. The

reforms aim to balance development in bushfire prone areas with the physical, social

and emotional risk of bushfire to our communities.

The Chief Officers Scheme for the Accreditation of Bushfire Hazard Practitioners

implements Part 4A of the Fire Service Act 1979.

Bushfire Hazard Practitioners accredited under Part 4A of the Fire Service Act 1979 will

help to implement the new planning and building requirements for those people looking

at developing in a bushfire prone area.

Mike Brown AFSM

CHIEF OFFICER

Tasmania Fire Service

The Chief Officer of the Tasmania Fire Service may from time to time provide an Administrative

Handbook to facilitate the administrative procedures used to manage this scheme.


Table of Contents

Part 1 Introduction ...................................................................................................................................... 5

1.1 The Accreditation Scheme .................................................................................................................... 5

1.2 Chief Officer (Tasmania Fire Service) ................................................................................................... 6

1.3 Accreditation Officer .............................................................................................................................. 6

1.4 Accredited Bushfire Hazard Practitioners ............................................................................................ 6

1.5 Mentor Panel ............................................................................................................................................. 7

Part 2 Accreditation requirements ........................................................................................................... 8

2.1 Categories of Bushfire Hazard Practitioners ........................................................................................ 8

2.2 Category and Scopes of Work .............................................................................................................. 8

2.3 Qualifications ............................................................................................................................................ 8

2.4 Competence and Capacity ................................................................................................................. 9

2.5 Application for Provisional Accreditation ............................................................................................ 9

2.6 Mentoring Program .................................................................................................................................. 9

2.7 Application for Accreditation .............................................................................................................. 10

2.8 Accreditation with Conditions or Restrictions ................................................................................... 10

2.9 Determination of Application .............................................................................................................. 10

2.10 Refusal of Application ....................................................................................................................... 11

2.11 Maintaining Accreditation ............................................................................................................... 11

Part 3 Conduct of Accredited Bushfire Hazard Practitioner ................................................................ 12

3.1 Acting within the Area of Competence ............................................................................................ 12

3.2 Compliance with Code of Conduct .................................................................................................. 12

3.3 Objective of Code of Conduct ........................................................................................................... 12

3.4 Application of the Code of Conduct ................................................................................................ 12

3.5 Code of Conduct Expectations .......................................................................................................... 13

3.6 Breaches of the Code of Conduct ..................................................................................................... 14

Part 4 Complaints ..................................................................................................................................... 15

4.1 Complaint handling ............................................................................................................................... 15

4.2 Responsibility regarding complaints ................................................................................................... 15

4.3 Appeal against Decision of Chief Officer ......................................................................................... 15

Part 5 Audits .............................................................................................................................................. 16

5.1 Purpose of an Audit ............................................................................................................................... 16

5.2 Audit outcomes ...................................................................................................................................... 16

Part 6 Professional Development ............................................................................................................ 17

6.1 Continuing Professional Development (CPD) for Bushfire Hazard Practitioners ........................ 17

6.2 CPD Requirements ................................................................................................................................. 17

Part 7 Insurance ........................................................................................................................................ 18

7.1 Mandatory Insurance Requirements .................................................................................................. 18

Part 8 Expiry of Accreditation ................................................................................................................. 20

8.1 Expiry of Accreditation for Bushfire Hazard Practitioners ................................................................ 20

Schedule 1...................................................................................................................................................... 21

Conditions / Restrictions on Scope of Work .................................................................................................. 21

Schedule 2...................................................................................................................................................... 22

Approved Training Courses .............................................................................................................................. 22

Schedule 3...................................................................................................................................................... 24

Standards for Competence and Capacity .................................................................................................. 24

Appendix 1 ..................................................................................................................................................... 27

Accreditation Process ....................................................................................................................................... 27

Appendix 2 ..................................................................................................................................................... 30

Application Letter Pro Forma ........................................................................................................................... 30

Appendix 2 ..................................................................................................................................................... 32

Legislative basis for this Accreditation Scheme ........................................................................................... 32


Definitions used in this Scheme

Term Definition

Accreditation

Provided by the Chief Officer for the purpose of the certification of

Bushfire Hazard Management Plans or exemptions from

requirements in Part 4A of the Fire Service Act 1979.

Accreditation Officer A person delegated by the Chief Officer to be responsible for the

administration of the Accreditation System.

Accreditation System

The accreditation system comprises the Act, other Acts where

applicable, this Scheme, Bushfire Hazard Advisory Notes and all

other documentation as released from time to time to aid the

administration for the accreditation of Bushfire Hazard

Practitioners.

Act The Fire Service Act 1979 including all amendments.

Approved Means approved by the Chief Officer.

Audit A process of continuous improvement to inspect of BHMP and BFP

for compliance.

Bushfire Hazard

Advisory Notes

A mechanism for the Chief Officer to issue advice on matters

relating to the practice of bushfire hazard practitioners or the

content of bushfire hazard management plans.

Bushfire Hazard

Practitioner (BFP)

A person accredited by the Chief Officer to prepare a bushfire

hazard management plan or certify that there is insufficient risk

from bushfire to warrant any specific protection measures.

Bushfire Hazard

Management Plan

(BHMP)

Means a plan showing means of protection from bushfires in a form

approved in writing by the Chief Officer.

Mentoring Panel

A Panel of persons with responsibility to mentor and certify Bushfire

Hazard Management Plans prepared by provisionally accredited

Bushfire Hazard Practitioners on behalf of the Chief Officer.

Chief Officer Appointed under Section 10 of the Fire Service Act 1979.

Code of Conduct

A set of principles and expectations that accredited BFPs may be

measured against to determine unsatisfactory professional

conduct or professional misconduct.

CPD

Continuing Professional Development which includes maintaining

a current awareness and knowledge of improving industry

products, practices, techniques and procedures.

Provisional

Accreditation

A person with provisional accreditation who can undertake

practice as a BFP (whilst undergoing mentoring by the Mentoring

Panel) but who cannot individually certify work.

Scheme This document setting out the requirements for the accreditation of

Bushfire Hazard Practitioner as approved by the Chief Officer.

Scope of Work The extent and limit of building work to which a Bushfire Hazard

Practitioner is accredited to undertake.

Unsatisfactory

professional conduct

Conduct by an accredited BFP that –

(a) falls short of a reasonable standard of competence, diligence

and integrity; or (b) only partially fulfils requirements; or

(c) wilfully disregards relevant and appropriate matters; or, (d) fails

to comply with this or any other Act or prescribed law.


Part 1 Introduction

1.1 The Accreditation Scheme

The Chief Officer’s Scheme for the Accreditation of Bushfire Hazard Practitioner (the

Scheme) details the accreditation of Accredited Person - Bushfire Hazard (known as

“Bushfire Hazard Practitioners”) in accordance with Part 4A of the Fire Service Act 1979

(the Act). The accreditation is provided by the Chief Officer for the purpose of

certification that:

1.1.1 a Bushfire Hazard Management Plan provides an acceptable solution to bushfire

risk, or

1.1.2 there is insufficient risk from bushfire to warrant any specific protection measures.

This Scheme gives effect to the accreditation system set out in the following acts,

including:

Fire Service Act 1979,

Building Act 2016,

Land Use Planning and Approvals Act 1993.

The Scheme is centred on the Chief Officer and is supported by an Accreditation Officer,

Bushfire Hazard Practitioners, and a Mentor Panel (shown in Figure 1). The roles and

responsibilities for each element are detailed subsequently.

Figure 1 The relationship of key elements in the Scheme for the Accreditation of Bushfire Hazard Practitioners

Chief Officer (TFS)

Accreditation Officer

Bushfire Hazard Practitioners

Mentor Panel


1.2 Chief Officer (Tasmania Fire Service)

The Chief Officer manages the bushfire hazard management system including the

accreditation of Bushfire Hazard Practitioners (BFPs) as per the Act. The Chief Officer, or

delegate, is responsible for:

1.2.1 The approval in writing of the form of a Bushfire Hazard Management Plan (in

accordance with Clause 60A of the Act),

1.2.2 The assessment of applications for accreditation in accordance with Clause 60A

of the Act,

1.2.3 The response to applicants within 28 days of receipt of an application for

accreditation, or receipt of further information (if requested). Responsibilities

include:

i. Grant the application – with conditions of approval

ii. Refuse to grant the application – with reasons for refusal

iii. Request further information

1.2.4 Set the standard and requirements for accreditation in accordance with Clause

60A of the Act.

1.2.4 Issuing Bushfire Hazard Advisory Notes

1.3 Accreditation Officer

The Accreditation Officer is responsible for:

1.3.1 Maintenance of a register of provisionally accredited people and their

competency and capability.

1.3.2 Maintenance of a register of accredited people and any limitations to practice.

1.3.3 Management and promotion of Continuing Professional Development.

1.3.4 Maintenance of public information relating to the accreditation process.

1.3.5 Recommendations to the Chief Officer on the makeup of panels and

committees.

1.3.6 Coordination of panels and committees.

1.3.7 Stakeholder management.

1.4 Accredited Bushfire Hazard Practitioners

Accredited Bushfire Hazard Practitioners are accredited by the Chief Officer of the

Tasmania Fire Service to certify Bushfire Hazard Management Plans for the purpose of

planning and building controls on behalf of the Chief Officer. Bushfire Hazard

Practitioners are trained in understanding how planning and construction relates in

vulnerability to bushfires.

They are also required to participate in Continuing Professional Development to ensure

their work remains best-practice.


1.5 Mentor Panel

The purpose of the Mentor Panel is to support provisionally accredited persons in the

process of becoming fully accredited. The Mentor Panel is a pool of persons delegated

by the Chief Officer to fulfil two roles:

1.5.1 Certify BHMPs prepared by provisionally accredited BFPs, and

1.5.2 Mentor provisionally accredited BFPs so that they may achieve accreditation.

Appointment to the panel is at the invitation of the Chief Officer. The Mentor Panel will

comprise a mixture of BFPs with full accreditation or suitably experienced specialists so

that provisional practitioners can be mentored to a competent standard.

The Mentor Panel is to be remunerated at market rates for their roles as both certifiers

and mentors. The TFS reserves the right to implement annual and application fees on BFPs

commensurate with the total cost required to fulfil the role of the Mentor Panel.


Part 2 Accreditation requirements

2.1 Categories of Bushfire Hazard Practitioners

The Act provides for persons to be accredited to perform the work of a Bushfire Hazard

Practitioner (BFP).

The Scheme specifies the following two Categories of accreditations:

2.1.1 Accredited Bushfire Hazard Practitioner.

2.1.2 Provisionally Accredited Bushfire Hazard Practitioner.

2.2 Category and Scopes of Work

Accredited Bushfire Hazard Practitioners must practice within their Scope of Work and

the Conditions of their accreditation.

Conditions placed on an Accredited Bushfire Hazard Practitioners Scope of Work are

described in Schedule 1. The Conditions are defined by applicable clauses in the

planning Code - E1.0 Bushfire-Prone Areas Code of the Scheme (Code) and whether the

Bushfire Hazard Management Plan utilises an Acceptable Solution or Performance based

criteria.

Category Scope of Work

Accredited Bushfire

Hazard Practitioner

Accredited to certify, within the Conditions placed on their

Scope of Work that –

(a) a bushfire hazard management plan is acceptable; or

(b) there is insufficient risk from bushfire to warrant any specific

protection measures.

in accordance with section 60 A of the Fire Service Act 1979.

Provisionally

Accredited Bushfire

Hazard Practitioner

May seek certification from the Chief Officer that –


(b) there is insufficient risk from bushfire to warrant any

specific protection measures.

in accordance with section 60 A of the Fire Service Act 1979.

2.3 Qualifications

Category Qualification

Accredited Bushfire

Hazard Practitioner

Completion of an approved course specified in Schedule 2.

Provisionally

Accredited Bushfire

Hazard Practitioner

Completion of an approved course specified in Schedule 2.

The Chief Officer may amend from time to time the approved courses and units that are

required to achieve accreditation in Schedule 2.

The Chief Officer may determine that a combination of qualifications and experience

held by an applicant are equivalent to those required for accreditation.


2.4 Competence and Capacity

Accredited Bushfire Hazard Practitioner’s must practice within their Scope of work and

Conditions of Accreditation (Competence and Capacity), and in accordance with the

Code of Conduct at all times.

Category Competence and Capacity

Accredited Bushfire

Hazard Practitioner

Achieved with completion of the Scope of Work

specified in Schedule 3 (during the mentoring period).

Provisionally

Accredited Bushfire

Hazard Practitioner

Achieved with appropriate qualifications or a

combination of qualifications and experience.

The Chief Officer may amend from time to time amend the Competency and Capacity

standards required to achieve accreditation in Schedule 3.

2.5 Application for Provisional Accreditation

The purpose of the accreditation process is to demonstrate that an applicant meets the

requirements for accreditation as set out in Section 60c of the Act, and the applicant:

2.5.1 has the approved qualifications or have successfully completed any approved

course; and

2.5.2 has the appropriate competence and capacity.

The Chief Officer may amend, from time to time, the application process.

Provided the appropriate Qualifications have been achieved, an applicant may apply

to the Chief Officer to become a Provisionally Accredited Bushfire Hazard Practitioner.

The application should be made on the Form specified by the Chief Officer shown in

Appendix 2 and must be accompanied by the required fee.

2.6 Mentoring Program

The purpose of the mentoring program is to support the applicant in developing the

appropriate competence and capacity to certify BHMPs.

This will be achieved with each applicant being:

2.6.1 Assigned a mentor (by the Accreditation Officer) who will assist the applicant in

the preparation of draft BHMP for certification.

2.6.2 Mentored for all elements of the Scope of Work as outlined in Schedule 3, and,

2.6.3 Provided with resources to support their development.

While provisionally accredited, all Scopes of Work (including BAL assessments and

complete BHMPs) must be submitted to the Mentor for certification. It is the provisionally

accredited BFPs responsibility to lodge copies of assessments relating to all Scopes of

Works certified by the Mentor with the Accreditation Officer. This work will form the basis

for an applicants’ request for full accreditation.


2.7 Application for Accreditation

A BFP with provisional accreditation must undertake a variety of bushfire hazard work in

order to meet Competence and Capacity Standards set-out in Schedule 2.

Once an applicant has completed the required number of certified BHMPs the applicant

may request full accreditation by writing to the Accreditation Officer (an example letter

is provided in Appendix 2) and including the following details:

2.7.1 Qualifications to date, including the approved course, and dates of attendance

and satisfactory completion undertaken;

2.7.2 A list of the Scope of Work items (Bushfire Hazard Management Plans and BAL

assessments) that have been certified by an Accredited Person or the Mentor

Panel and demonstrate the required competency and capability as outlined in

Schedule 2;

2.7.3 Details of Continuing Professional development undertaken (if any); and

2.7.4 Insurance details;

Normally, a provisionally accredited BFP should achieve the requisite competency and

capability for full accreditation within 12 months of becoming provisionally accredited.

Failure to do so could jeopardise a BFPs’ provisional accreditation.

If requirements for the requested Scope of Work are met, the BFP will be recommended

for accreditation with appropriate Conditions.

2.8 Accreditation with Conditions or Restrictions

Section 60E of the Act provides for accreditation of persons with conditions or restrictions.

The Chief Officer may decide that the combination of qualifications, competencies and

experience demonstrated by the applicant are not sufficient for accreditation or

provisional accreditation. In such cases the Chief Officer may impose restrictions on the

Scope of Work associated with the accreditation or grant accreditation subject to

conditions under Section 60E of the Act.

2.9 Determination of Application

An application for accreditation (provisional or full) will be determined by the Chief

Officer and may be granted with relevant conditions or restrictions or be refused within

28 days of an application being received.


2.10 Refusal of Application

If an application for accreditation is refused the Chief Officer will provide written reasons

with the notification of the decision.

2.11 Maintaining Accreditation

Continuing Professional Development (CPD) is required to maintain all levels of

accreditation (See Clause 6.1 and 6.2 for details).

Every two years, Bushfire Hazard Practitioners must lodge their CPD and insurance

information with the Chief Officer. Failure to do so may result in a Bushfire Hazard

Practitioner losing their full accreditation and reverting to provisional accreditation.

In order to regain full accreditation, a new application may be made to the Chief Officer.


Part 3 Conduct of Accredited Bushfire Hazard Practitioners

3.1 Acting within the Area of Competence

Regardless of the Category and Scope of Work for which a practitioner is accredited,

Section 60F of the Act requires an accredited BFP to act only within the area of his or her

competence.

Undertaking a project without adequate experience, resources or capability may result

in circumstances where the Chief Officer may suspend or revoke accreditation.

Investigation into a complaint may determine incompetence or non-compliance with

conditions and could result in suspension or revocation.

3.2 Compliance with Code of Conduct

This Accreditation Scheme requires all accredited BFPs to comply with a Code of

Conduct. Compliance with the Code of Conduct is the means by which the Chief

Officer can measure the performance of accredited BFPs. This Code of Conduct

addresses issues of competence, diligence and integrity and meeting the requirements

of Section 60C of the Act.

The Code of Conduct is not intended to create any legal right of redress for a person

making a complaint against an accredited practitioner.

3.3 Objective of Code of Conduct

The Code of Conduct aims to ensure that the conduct of accredited BFPs meets a

reasonable standard, by setting out expectations for professional conduct, competence

and integrity. Any member of the public is entitled to expect that an accredited BFP will

exercise their functions in a way that will meet or exceed these reasonable standards.

3.4 Application of the Code of Conduct

Provisionally Accredited and Accredited BFPs must comply with this Code of Conduct.

For the purpose of this Code of Conduct:

3.4.1 Competence is defined as demonstrating adequate ability to perform the

functions of the Category for which a BFP is accredited

3.4.2 Diligence is defined as a constant and earnest effort to accomplish what is

undertaken

3.4.3 Integrity is defined as soundness of moral principle and character

The application of the Code of Conduct includes, but is not limited to, the duties of

accredited BFPs as prescribed in the Act.


3.5 Code of Conduct Expectations

Professional Responsibility

3.5.1 All accredited BFPs should know and understand the professional responsibilities

of the categories in which they are accredited.

3.5.2 It is expected that all accredited BFPs will undertake their responsibilities with

appropriate professionalism.

3.5.3 Failure to meet community and industry expectations of their responsibilities will

be considered as unsatisfactory professional conduct.

Compliance with Legislation

3.5.4 All accredited BFPs must ensure they comply with all relevant and applicable

legislation and standards related to the work they undertake.

3.5.5 It is expected that all accredited BFPs will have knowledge, familiarity with and

understanding of the legislation that applies to the categories for which they are

accredited.

3.5.6 Failure to comply with legislation relevant to the work undertaken will be

considered as unsatisfactory professional conduct.

Communication with All Parties

3.5.7 All accredited BFPs should ensure they communicate relevant aspects of the

work to all parties involved.

3.5.8 It is expected that all accredited BFPs will make reasonable efforts to

communicate with all parties involved.

3.5.9 Failure to communicate with other parties or to assume they already know of

relevant matters without confirming that they are aware of these matters will be


Performance Management

3.5.10 All accredited BFPs should perform the work for which they are accredited to a

reasonable standard.

3.5.11 It is expected that all accredited BFPs will ensure that any person they have

engaged to undertake or assist with the work will also perform that work to a

reasonable standard.

3.5.12 Failure to ensure that all work is performed to a reasonable standard will be


Conduct and Behaviour

3.5.13 All accredited BFPs should ensure they conform to reasonable standards of

acceptable behaviour while undertaking work for which they are accredited.

3.5.14 It is expected that all accredited BFPs will behave with dignity and respect when

dealing with clients, regulators, industry and the general public.

3.5.15 Failure to conform to reasonable standards of conduct and behaviour will be



3.6 Breaches of the Code of Conduct

3.6.1 The performance of an accredited BFP will be measured against this Code of

Conduct. As appropriate, the Chief Officer will review the accreditation of or

take disciplinary action against any practitioner who fails to comply with this

Code of Conduct.

3.6.2 In the event that an accredited practitioner has a number of complaints made

against them in any 12 month period, the Chief Officer may require the

practitioner to appear before the Chief Officer and any other persons the Chief

Officer may consider appropriate to discuss the practitioner’s conduct and

accreditation.

3.6.3 Accredited BFPs subject to complaints made against them will be considered as

primary candidates in audit schedules.


Part 4 Complaints

4.1 Complaint handling

4.1.1 A person may make a complaint to the Chief Officer in respect of the professional

misconduct or the unsatisfactory professional conduct of an accredited BFP.

4.1.2 The Chief Officer will determine whether the complaint contains sufficient

information to undertake an investigation and whether or not the matter is within

the authority of the Chief Officer.

4.1.3 If the matters are not within the authority of the Chief Officer, the complainant

will be notified that the matter may be referred to another authority with

jurisdiction to handle the matters contained in the particulars.

4.1.4 Referral of the matter to another authority will not limit the Chief Officer from

investigating whether the matter also breaches the Code of Conduct for

accredited building BFPs.

4.1.5 Matters raised in complaints against accredited BFPs may be used to consider

improvements and facilitate training.

4.2 Responsibility regarding complaints

4.2.1 It is unsatisfactory conduct not to assist and co-operate with an investigation into

a complaint or to mislead or obstruct the Chief Officer or an investigator

investigating a complaint.

4.2.2 Complaints made against an accredited practitioner will be noted on the

practitioner’s file as a performance indicator to establish patterns of complaints,

frequencies and to identify trends that may be used in audits.

4.2.3 The Chief Officer may disseminate information about the type of complaints

made, the outcomes of any investigations and the penalties imposed. Any

information provided in this regard will be done without identifying the particulars

of the accredited building BFPs involved.

4.3 Appeal against Decision of Chief Officer

An accredited BFP may appeal a decision or action of the Accreditation Officer firstly to

the Chief Officer and then to the Magistrate’s Court in accordance with Section 60I.


Part 5 Audits

5.1 Purpose of an Audit

5.1.1 All bushfire hazard management plans and exemptions will be submitted to the

TFS by email ([email protected]).

5.1.2 Audits will be undertaken to review and examine an accredited practitioner’s

compliance with the Act, the Code of Conduct and this Accreditation Scheme.

Efforts will be made to ensure audits will be undertaken in such a manner that

they do not interfere with the normal business activity of an accredited

practitioner.

5.1.3 Plans will be selected from all submitted to the TFS. The practitioner concerned

will be notified before an audit takes place. An accredited BFP must assist with

reasonable requests in the audit.

5.1.4 Audits undertaken by the Accreditation Officer are not financial audits of

accounting records.

5.1.5 In addition to audits conducted as part of a routine audit cycle, indicators such

as complaints made against accredited BFPs may be used to determine whether

additional audits are to be conducted.

5.1.6 Additional audits may be undertaken if the Chief Officer identifies triggers such

as topical events, inappropriate building practice or clusters of poor

performance.

5.2 Audit outcomes

The findings of any audit may be used to assist the accredited BFP to improve their

professionalism and enable the Chief Officer to identify training and information

dissemination opportunities.

mailto:[email protected]


Part 6 Professional Development

6.1 Continuing Professional Development (CPD) for Bushfire Hazard

Practitioners

Professional development is a personal matter that is specific to an individual’s needs for

maintaining awareness, knowledge and skills of the industry, technology, products and

practices related to the category for which they are accredited.

CPD broadly includes, but is not restricted to: –

6.1.1 Formal education and training activities;

6.1.2 Informal learning activities;

6.1.3 Conferences and meetings;

6.1.4 Presentations and papers; and

6.1.5 Service activities.

CPD consists of a variety of learning activities and must be relevant to the Practitioners’

practice. CPD may include any activity that enables the practitioner to: –

6.1.6 Extend or update their knowledge, skill or judgment;

6.1.7 Become more productive;

6.1.8 Understand and apply advances in technology;

6.1.9 Face changes in the industry;

6.1.10 Improve their business practices

6.1.11 Improve their individual career paths and opportunities for advancement;

6.1.12 Better serve the community.

6.2 CPD Requirements

Accredited and Provisional BFPs must undertake CPD every year in accordance with

the CPD Bushfire Hazard Advisory Note.

An accredited BFP must retain a record of proof for the CPD activities they have

undertaken and submit that record to the Accreditation Officer, along with the requisite

insurances, every two years.


Part 7 Insurance

7.1 Mandatory Insurance Requirements

Type of insurance required

Every accredited BFP must be covered by a policy of Professional Indemnity Insurance

and Public Liability Insurance.

If an accredited person does not have the required insurance the person’s accreditation

is suspended as per the Act (section 60 G(8)).

Liability to be Covered

The policy shall indemnify the practitioner against legal liability resulting from any claim

or claims first made against the practitioner during the period of insurance and first

notified to the insurer during such a period and arising out of any act, error or omission on

the part of the practitioner in the conduct of the practitioner’s business as a bushfire

hazard practitioner, or in relation to a company, firm or authority conducting the business

of a practitioner of which the accredited person is a director, partner or employee.

The policy is required to provide indemnity against legal liability in respect of claims for

damages or compensation made against the practitioner from misleading or deceptive

conduct or conduct which is likely to mislead or deceive under sections 18, 29, 60 and 61

of Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) but

excluding any claims arising from dishonest, fraudulent, malicious or criminal conduct.

Amount and Period of Insurance

The policy can specify a limit for any one claim and in the aggregate for any one period

of insurance for BFPs accredited in the categories in the table below of not less than the

amount listed:

Insurance Amount

Professional indemnity $1 million

Public liability $5 million

The policy may provide a greater insurance cover than that required by the Chief Officer.

The amounts required may be reviewed from time to time by the Chief Officer.

If an accredited practitioner is employed or appointed by a company, firm or authority

(with the insurance) he or she shall be deemed to comply with this Scheme to the extent

that his or her work is carried out pursuant to such employment or appointment.

Mandatory Provisions

The policy may name as the insured either the practitioner or the company, firm or

authority of which the BFP is a director, partner or employee. If the insured is the

company, firm or authority the policy must provide indemnity to:

(a) persons who are at the commencement of or become during the period of

insurance directors, partners or employees of the company, firm or authority and

are accredited BFPs.

(b) persons who are former directors, partners or employees of the company, firm or

authority and who are or have been accredited BFPs in respect of acts, errors or

omissions committed or allegedly committed whilst they were directors, partners or

employees of the company, firm or authority.


The Chief Officer requires the policy to contain at least one automatic reinstatement

extension.

Standard Exclusions

Nothing in this Scheme prevents an approved professional indemnity policy from

containing exceptions and exclusions of a kind that, in accordance with standard

practice, are generally included in policies of the same kind.

Other Matters

The policy is required to be compatible with sections 20, 48, 49 and 51 of the

Insurance Contracts Act 1984 (Cth).

It is not necessary that the insurance be provided by one policy only, or that the

insurance be provided by one insurer only.

The indemnification of officers and servants of the State of Tasmania provided under

the State Service Act 2000 Ministerial Direction No. 8 of 1st July 2003, satisfies the

requirements of this Scheme.


Part 8 Expiry of Accreditation

8.1 Expiry of Accreditation for Bushfire Hazard Practitioners

8.1.1 Accreditation is valid until it is revoked, surrendered or suspended.

8.1.2 The Chief Officer may reinstate the accreditation of a BFP whose accreditation

has expired through lack of insurance cover upon receipt of evidence of the

required insurance cover

8.1.3 A person whose accreditation has suspended, revoked or surrendered must not

carry out the work of an accredited BFP.


Schedule 1

Conditions / Restrictions on Scope of Work

TFS

Code Description

1 Certify a Bushfire Attack Level Assessment and a Bushfire Hazard Management

Plan for the purposes of the Building Act 2016.

2 Certify an Exemption from a Bushfire Hazard Management Plan for the

purposes of the Building Act 2016 or the Land Use Planning and Approvals Act

1993.

3A Certify a Bushfire Hazard Management Plan meets the Acceptable Solutions

for buildings or additions or alterations to buildings for the purposes of the Land

Use Planning and Approvals Act 1993.

3B Certify a Bushfire Hazard Management Plan meets the Acceptable Solutions

for small* subdivisions (less than 10 lots or a single stage) for the purposes of the

Land Use Planning and Approvals Act 1993.

3C Certify a Bushfire Hazard Management Plan meets the Acceptable Solutions

for large* subdivisions (minimum of 10 lots or multiple stages) for the purposes

of the Land Use Planning and Approvals Act 1993.

4 Certify a Bushfire Hazard Management Plan meets the Performance Criteria

for buildings or additions or alterations to buildings or subdivisions for the

purposes of the Land Use Planning and Approvals Act 1993.

Notes: *A “small” subdivision is defined as containing less than 10 lots, or a single-staged subdivision. A

“large” subdivision is defined as more than 10 lots, or a multi-staged subdivision.

Schedule 2

Approved Training Courses

Approved courses that meet the requirements for Accreditation are listed below:

Short Course in Development and Building in Bushfire Prone Areas (University of

Technology Sydney ) or,

Postgraduate Certificate in Bushfire Protection (University of Western Sydney) or,

Postgraduate Diploma in Bushfire Protection (University of Western Sydney) or,

Postgraduate Certificate in Bushfire Planning and Management (University of

Melbourne) or,

Postgraduate Diploma in Bushfire Planning and Management (University of

Melbourne) or,

A course which is equivalent to the minimum course content outlined in Table 1.

Dates of attendance and evidence of successful completion of the course should be

provided to the Accreditation Officer.

Table 1 A training course should meet the following minimum training content:

Subject Description

Bushfire

Behaviour

Describes the factors affecting bushfire behaviour and the models which are

used to predict bushfire behaviour, the principles of fire ecology, and the

assessment of bushfire hazards on property and the environment. Topics

include the measurement of fuel, rates of spread and flame length equations,

fire danger indices and landscape issues, topographical influences on fire

behaviour, the importance of fire regimes and fire thresholds on flora and

fauna, habitat and fire impacts on environmental services such as soils and

water catchments. The role of fire behaviour in determining impacts on

structures is also described.

Bushfire Fighting

This unit describes the techniques, hardware and extinguishing agents used to

fight and control bushfires and focuses on the logistics involved in ensuring

safe, efficient and effective control. The content includes bushfire fighting

strategies in the context of rural and interface environments, hazard

reduction, brigade structure and incident control arrangements. The role of

planning in supporting fire fighting is also considered.

Fire Technology

and Engineering

Principles

The unit introduces students to the basic principles of fire behaviour and fire

safety design so that they can appreciate fire safety systems and interpret fire

safety engineering design concepts. The unit covers the basics of combustion,

building fire characteristics, smoke movement, responses of fire safety

devices, building fire resistance, response of building occupants, fire safety

engineering design and assessment methodology. The unit provides the basis

for understanding fire safety engineering and the techniques and tools used in

fire safety engineering.

Building in

Bushfire Prone

Areas

This unit describes the basis for the design and construction of buildings to

withstand bushfire attack, the measures that can be incorporated into

building design to achieve this and the legislative building requirements

affecting bushfire environments. The unit examines the mechanisms of bushfire

attack on structures, the role of landscaping on building survival and how

materials perform in the presence of a bushfire event. The unit describes the

role of the Building Code of Australia (BCA) and Australian Standards in the

construction of various building types and the legislative and regulatory

environment in which this operates.


Subject Description

Planning and

Development

Control

This unit describes the general planning issues relevant to developments in

rural and urban areas. The content covers the factors important in

determining the allocation and use of land and resources together with the

contributions of development to the built and natural environment. Topics

include: urban and rural design issues; the impact of the 3 tiers of Government

process on development control, and the legal, political and technical issues

relevant to impact assessments. Particular attention will be paid to the role of

the private sector in developing controls, self-regulation and appeal

processes. Planning in both the micro and macro environments is examined in

the context of sustainability, heritage values, community resources and its

strategic effects on the recycling of existing land and non-renewable natural

resources. Hazardous environments such as bush fires, floods, landslip and

cyclone are also considered.


Schedule 3

Standards for Competence and Capacity

Standards for Competence and Capacity for Provisional Accreditation

An applicant with a Certificate or Diploma qualification as specified in Schedule 2 with

or without experience is considered to meet the competency and capability

requirements for provisional accreditation provided the Course was completed within

2 years of application for Provisional Accreditation.

An applicant who has experience in the Building or Planning industry and has

completed the Short Course qualification, or has completed a Certificate or Diploma

course more than 2 years prior to application, is required to demonstrate sufficient

competency and capability. Sufficient competency and capability is considered as 2

years’ experience within Building, Planning, Engineering, Surveying, and Design

industries.

Standards for Competence and Capacity for Full Accreditation

Scope of Work

(TFS Code)

Type of Solution Evidence required to demonstrate Competency and Capability Standard No. of work items of

an acceptable

standard*

1 Acceptable Solutions BAL assessments and BHMP for building work.

2

2 Acceptable Solutions 1) An exemption where there is no increase in risk

2) An exemption where the area is not in a Bushfire-prone area

2

3A Acceptable Solutions Must provide varied evidence of a Bushfire Hazard Management Plan

including:

1) BAL assessment

2) Hazard Management Areas

3) Access

4) Water supplies

5) Nominate a Design BAL

2

3B Acceptable Solutions Bushfire Hazard Management Plan for a small subdivision of less than 10 lots or

a single stage subdivision, including:

1) BAL assessment


3) Access

4) Water supplies


1


Scope of Work

(TFS Code)

Type of Solution Evidence required to demonstrate Competency and Capability Standard No. of work items of

an acceptable

standard*

3C Acceptable Solutions Bushfire Hazard Management Plan for a large subdivision, minimum of 10 lots

or multi-stage, including:

1) BAL assessment


3) Access

4) Water supplies


1

4 Performance Based Solution In order to demonstrate competency and capability, an applicant must one

of the following pathways:

Pathway 1:

Postgraduate Diploma in Bushfire Protection (University of Western

Sydney, UWS), and

Registered Engineer sub category Fire Safety with Engineers Australia, or,

Pathway 2:

Accredited Building Practitioner,

Accreditation at Level 3B, 3A, or 3, and

Registered Engineer sub category Fire Safety with Engineers Australia, or,

Pathway 3:

Accreditation at Level 3B, 3A, or 3, and

Attendance and completion of TFS-approved CPD in Performance Based

Solutions, and that any Performance Based Solution utilises guidance

contained in TFS-issued Practice Notes, and that the Performance Based

Solution is certified by a Mentor or TFS.

1

Notes: *An acceptable standard is based on the successful certification of plans by a mentor.

When an element of the Scope of Work is certified by the Mentor it is considered acceptable and will count towards the number of items at an acceptable standard for

each type of accreditation.

Appendix 1

Accreditation Process

The purpose of the accreditation process is to demonstrate that the applicant for

accreditation meets the requirements for accreditation as set out in section 60c of the

Act, that requires the applicant to demonstrate to the Chief Officer the following:

1. The applicant has the appropriate competence and capacity for which

accreditation is sort, to undertake the tasks associated with analysing bushfire

hazards for the purposes of development in bushfire-prone areas;

2. Has the approved qualifications or has successfully completed any approved

course(s); and

3. Is covered, or is likely to be covered, by appropriate insurance.

The steps an applicant must follow to become accredited are outlined below:

Figure 2 Steps to Accreditation

Step 1: Training

The purpose of this step is to gain the approved qualifications or complete an approved

(or equivalent) postgraduate course.

An applicant must undertake and satisfactorily complete an ‘approved course’. At

present two courses are approved although other education providers are known to

be developing equivalent courses which may subsequently be recognised for this

process. The approved courses are listed in Schedule 2.

The Short Course fills the role of initial training in Bushfire Attack Level assessments and

“gap filling” for people currently undertaking a role in development and building

control and who are likely to more readily become competent in the required skills. The

Accreditation Officer will announce when the Short Course is available in Tasmania.

The Postgraduate courses are recognised by the Tasmania Fire Service and are more

suited to a practitioner seeking advanced skills in the development of complex

performance based bushfire hazard management solutions. A person seeking

accreditation can also provide evidence that they have equivalent knowledge

through another course or professional experience and they may make an application

outlining this. To support this, an example course Content for postgraduate courses is

provided in Schedule 2 to demonstrate the type and extent of skills required.

Step 1 Training

Step 2 Request for provisional accreditation

Step 3 Mentoring program

Step 4 Request for accreditation

Accreditation


It should be noted that the postgraduate course will not present specific information on

planning and development in the Tasmanian context, it is expected that this will be

gained through the mentoring program.

Step 2: Request Provisional Accreditation

The purpose of this step is to demonstrate that the applicant has completed the course

work, and request entry into the mentoring program as a provisionally accredited

person.

Following the completion of Step 1 an applicant must write to the Chief Officer

requesting provisional accreditation and admission to the mentoring program. The

letter must include the following details:

The approved course, the dates of attendance, demonstration of satisfactory

completion;

Industry experience that demonstrates competency and capability; and,

A request to become a Bushfire Hazard Practitioner with Provisional Accreditation.

For those who have completed the Short Course in Development and building in

Bushfire-Prone Areas (UTS), the competency and capability requirements are more

involved than those who may have more limited experience by have completed the

longer Post Graduate Certificate or Diploma. The specific competency and capability

requirements are described in Schedule 3.

The letter should be addressed to the Accreditation Officer. An example letter is

provided in Appendix 2.

Step 3: Mentoring Program

The purpose of the mentoring program is to support the applicant in demonstrating that

they have the appropriate competence and capacity to certify BHMPs on behalf of

the Chief Officer.

This will be achieved with each applicant being:

Assigned a mentor (by the Accreditation Officer) who will assist the applicant in the

preparation of draft BHMP for certification.

Mentored for all elements of the Scope of Work as outlined in Schedule 3, and,

Provided with resources to support their development.

While provisionally accredited, all Scopes of Work (including BAL assessments and

complete BHMPs) must be submitted to the Mentor for certification. The Mentor will

continue to certify work prepared by provisionally accredited BFPs until the

“competency and capacity” requirements are met, at which point the BFP should

apply to the Accreditation Officer for full accreditation.

It is the provisionally accredited BFPs responsibility to lodge copies of all Scopes of Work

certified by the Mentor with the Accreditation Officer. This work will form the basis for an

applicants’ request for full accreditation.

Step 4: Request Accreditation for desired Scope of Work


The purpose of this step is to apply for full accreditation for the Scope of Work that the

applicant wishes to practice.

A Bushfire Hazard Practitioner with provisional accreditation must undertake a variety

of bushfire hazard work in order to meet the “competency and capacity” requirements set by the Chief Officer and outlined in Schedule 3. When a BHMP is certified it is

considered acceptable and will count towards the number of items at an acceptable

standard for each Scope of Work.

Once an applicant believes they have achieved the required competency and

capability, the applicant should request full accreditation by writing to the

Accreditation Officer and including the following details:

Qualifications to date, including the approved course, and dates of attendance

and satisfactory completion undertaken;

Copies of insurance for a minimum cover for professional indemnity of $1 million

and minimum public liability cover of $5 million (which is equivalent to that required

by a building surveyor1);

A list of the Scope of Work items (Bushfire Hazard Management Plans and BAL

assessments) that have been certified by a Mentor and demonstrate the required

competency and capability as outlined in Schedule 1; and

A request to become a Bushfire Hazard Practitioner with Full Accreditation;

Normally, a provisionally accredited BFP should achieve the requisite competency and

capability for full accreditation within 12 months of becoming provisionally accredited.

Failure to do so could jeopardise a BFPs’ provisional accreditation.

The letter should be addressed to the Accreditation Officer. An example letter is

provided in Appendix 2. The Accreditation Officer will advise the applicant of either the

admission as a provisionally accredited practitioner, rejection, or a request for further

information within 10 working days.

1 Ministerial Insurance Order for Required Insurance for Building BHAs 2008


Appendix 2

Application Letter Pro Forma

-- Example Letter requesting provisional accreditation --

Name

Position

Organisation

Address

Email

Telephone

Date

The Accreditation Officer


[email protected]

RE: Application for Provisional Accreditation as a Bushfire Hazard Practitioner

Dear Sir / Madam,

I write to apply for provisional accreditation as a Bushfire Hazard Practitioner. As

detailed below I possess a qualification from an approved course and have achieved

the standards for competency and capacity.

Approved Course

Please see attached certificate of completion as record of my qualification.

As part of my request I would like to be assigned a mentor by the Accreditation Officer

and participate in the mentoring program.

I understand that I will be required to pay a fee on receipt of the invoice.

Yours sincerely,

Your Name.

Enclosed: (Documentation will need to lodged for issue of accreditation)

A. Approved Course



-- Example Letter requesting full accreditation --

Name

Position

Organisation

Address

Email

Telephone

Date

The Accreditation Officer


[email protected]

RE: Application for Accreditation as a Bushfire Hazard Practitioner

Dear Sir / Madam,

I write to apply for accreditation as an Accredited Bushfire Hazard Practitioner. As

detailed below I possess a qualification from an approved course, have achieved the

standards for competency and capacity and hold / have arranged (delete one) the

appropriate insurances.

Approved Course

Please see attached certificate of completion as record of my qualification.

Competency and Capacity

Please find attached a record of work that meets the standards for Competency and

Capacity in accordance to schedule 3 of the Accreditation scheme.

Insurance

Please find attached certificates detailing relevant insurances.

I understand that I will be required to pay a fee on receipt of the invoice.

Yours sincerely,

Your Name.

Enclosed: (Documentation will need to lodged for issue of accreditation)

A. Approved Course

B. Competence and Capacity Checklist and record of work

C. Insurance held / arranged.



Appendix 3

Legislative basis for this Accreditation Scheme

Part IVA Fire Service Act 1979

60A. Interpretation of Part

In this Part –

approved means approved by the Chief Officer;

Bushfire Hazard Management Plan means a plan showing means of protection from

bushfires in a form approved in writing by the Chief Officer.

60B. Application for Accreditation

(1) A person may apply to the Chief Officer for accreditation to certify that –


(b) there is insufficient risk from bushfire to warrant any specific protection

measures.

(2) An application must be –

(a) made in the approved manner and form; and

(b) accompanied by any charge fixed in accordance with section 8A.

(3) The Chief Officer may require a person who has applied for accreditation –

(a) to supply further information requested by the Chief Officer; and

(b) to verify by statutory declaration any information supplied to the Chief

Officer.

60C. Requirements for Accreditation

(1) The Chief Officer must not grant accreditation to an applicant unless satisfied

that the applicant –

(a) has the appropriate competence and capacity for which accreditation is

sought; and

(b) has the approved qualifications or has successfully completed any

approved course; and

(c) is covered, or is likely to be covered, by appropriate insurance; and

(d) has complied with any or all of the requirements approved for the purposes

of this section.

60D. Determination of Application

(1) On receipt of an application, the Chief Officer may –

(a) grant the application, with or without any conditions or restrictions; or

(b) refuse to grant the application.

(2) If the Chief Officer refuses to grant the application, the Chief Officer must

provide the applicant with written reasons for the refusal within the relevant

period.


(3) In this section, "relevant period", in relation to an application, means –

(a) 3 months after the application is received by the Chief Officer; or

(b) if the Chief Officer has requested further information, 3 months after the

Chief Officer receives the last information requested.

60E. Approved Conditions and Restrictions

Accreditation granted to a person under this Part is subject to any conditions or

restrictions that are approved for the purposes of this section and are applicable to the

grant of accreditation.

60F. Breach of condition or restriction

An accredited person must not fail to comply with a condition or restriction of the

person's accreditation.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 2 000 penalty units; or

(b) an individual, a fine not exceeding 400 penalty units.

60G. Surrender, Revocation or Suspension of Accreditation

(1) An accredited person may surrender the person's accreditation at any time.

(2) The Chief Officer may suspend or revoke a person's accreditation if the Chief

Officer considers that the person –

(a) is no longer competent; or

(b) no longer satisfies the requirements set out in section 60C.

(3) The Chief Officer, by notice to an accredited person –

(a) may suspend the accreditation, or part of the accreditation, of the

accredited person for a period determined by the Chief Officer; or

(b) may revoke the accreditation of the accredited person wholly or in part,

with immediate effect or with effect from a specified future date; or

(c) may impose conditions or restrictions on the accreditation; or

(d) may vary conditions or restrictions to which the accreditation is subject.

(4) If the Chief Officer revokes the accreditation of an accredited person, the Chief

Officer may, in the notice of revocation, declare that the accredited person is

disqualified from applying for accreditation during a period specified in the

notice.

(5) Before making a decision under subsection (2) or (3), the Chief Officer –

must notify the person in writing –

(a) that the Chief Officer is considering making a decision under that

subsection of the kind, and for the reasons, specified in the notice; and

(b) that the person may, within 28 days or a longer period specified in the

notice, make written representations to the Chief Officer showing cause

why the decision should not be made; and


(c) must consider any representations made under paragraph (a)(ii) and not

withdrawn.

(6) If the Chief Officer suspends or revokes the accreditation of the accredited

person wholly or in part, the Chief Officer must include in the notice of

suspension or revocation –

(a) the reasons for the suspension or revocation; and

(b) information about the person's appeal rights.

(7) The Chief Officer may withdraw a suspension of the accreditation of a person

under subsection (2) by written notice given to the person.

(8) If, for any period, an accredited person is not covered by insurance that the

Chief Officer considers appropriate, the person's accreditation is suspended for

that period.

60H. Accreditation cannot be transferred or assigned

(1) An accreditation –

(a) is personal to the person who holds it; and

(b) is not capable of being transferred or assigned to any other person or

otherwise dealt with by the person who holds it; and

(c) does not vest by operation of law in any other person.

(2) A purported transfer or assignment of an accreditation or any other purported

dealing with an accreditation by the person who holds it is of no effect.

(3) This section has effect despite anything in any Act or rule of law to the contrary.

60I. Appeals

(1) If a person is aggrieved by a decision of the Chief Officer to refuse, revoke or

suspend the person's accreditation, the person may request the Chief Officer to

review the decision.

(2) If a person is not satisfied with a review under subsection (1), the person may

appeal to the Magistrates Court (Administrative Appeals Division).

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